The
Planning staff and Planning Commission recommend approval of the proposed
rezoning for the subject property to
amend the existing PDO (Planned Development Overly) district to reduce the side
setbacks, to increase the number of stories for the building from 8 stories to
9 stories (height to remain unchanged at 92 feet) and reduce the overall
acreage from approximately 30.82 to 29.02 acres.

Analysis:

The
project site is approximately 29acres. The property is generally located west of Lake Street, south of Dixie Avenue, and north of LakeHarris,
as shown on the attached General Location Map. The present zoning for this
property is R-3 (High Density Residential) with a PDO (Planned Development Overlay) district. Currently, the property is undeveloped and the
proposed use is residential use under the existing PDO (Planned Development Overlay) district. The surrounding zoning designations are City R-3
(High Density Residential), R-2 (Medium Density Residential) and a PUD (Planned
Unit Development) district.

The
proposed zoning district amendment to the existing PDO (Planned Development
Overlay) district is compatible with adjacent and nearby properties in the area
and with the existing City future land use designation of City Estate. The
requested change in the number of stories is due to the addition of parking
under the buildings and does not change the approved 92 foot height of the
buildings. The buildings as proposed on the revised site plan will be located
further from LakeHarris and will actually appear lower than previously
proposed.

The
existing land uses surrounding the property are undeveloped property.

Development
of the parcel shall require connection to City utilities at the owner’s
expense.

By
a vote of 7 to 0, the Planning Commission recommended approval.

Options:

1. Approve the proposed rezoning to amend the existing City PDO (Planned Development Overly), thereby allowing consistent
zoning and development standards for the area.

2. Disapprove the proposed rezoning.

3. Other
such action as the Commission may deem appropriate.

Fiscal
Impact:

There
is no fiscal impact to the City.

Submission Date and
Time: 1/24/08 2:02 PM____

Department: Community
Development

Prepared
by: Bill Wiley, AICP

Attachments:
Yes__X__ No ______

Advertised: ____Not Required
______

Dates:
__________________________

Newspapers:

_________________________________

_________________________________

Revised 6/10/04

Reviewed by: Dept. Head ________

Finance Dept. __________________

Deputy C.M. ___________________

Submitted
by:

City Manager ___________________

Account No. _________________

Project No. ___________________

WF No. ______________________

Budget ______________________

Available _____________________

ORDINANCE NO. ______

AN ORDINANCE OF THE CITY OF LEESBURG, FLORIDA,
AMENDING THE ZONING OF APPROXIMATELY 29 ACRES GENERALLY LOCATED WEST OF LAKE
STREET, SOUTH OF DIXIE AVENUE, AND NORTH OF LAKE HARRIS, LYING IN SECTION 25,
TOWNSHIP 19 SOUTH, RANGE 24 EAST, LAKE COUNTY, FLORIDA, FROM CITY PDO (PLANNED
DEVELOPMENT OVERLAY) TO AMENDED PDO (PLANNED DEVELOPMENT OVERLAY), SUBJECT TO
CONDITIONS CONTAINED IN EXHIBIT A; AND PROVIDING AN EFFECTIVE DATE.

BE
IT ENACTED BY THE PEOPLE OF THE CITY OF LEESBURG, FLORIDA, that:

Section
1.

Based upon the petition of Leesburg Development,
LLC, the owner of the property hereinafter described, which petition has
heretofore been approved by the City Commission of the City of Leesburg
Florida, pursuant to the provisions of the Laws of Florida, the said property
located in Lake County, Florida, is hereby rezoned from City PDO (Planned
Development Overlay) to amended PDO (Planned Development Overlay), subject
toconditions contained in Exhibit A, to-wit:

(See Exhibit B for Legal Description)

Alternate Key Number 2582154

Section
2.

This ordinance shall become effective upon its
passage and adoption, according to law.

PASSED
AND ADOPTED at the regular
meeting of the City Commission of the City of Leesburg, Florida,
held on the day of ,
2007.

THE CITY OF LEESBURG

By: _________________________________

Mayor

ATTEST:

___________________________________

City Clerk

CASE #: 060-1-092007 EXHIBIT
A

(Previous
071-1-090904)

LEESBURG DEVELOPMENT, LLC

PLANNED DEVELOPMENT OVERLAY
AGREEMENT

ORIGINAL PLANNING COMMISSION
APPROVAL SEPTEMBER
9, 2004

ORIGINAL AMENDED CITY
COMMISSION APPROVAL NOVEMBER 8, 2004

AMENDED BY PLANNING
COMMISSION SEPTEMBER
20, 2007

This Planned Development Overlay Agreement for a (PDO) zoning district is
granted by the City of Leesburg Planning and Zoning Commission, Lake County,
Florida to Leesburg Development, LLC "Permittee" for the purposes and terms and
conditions as set forth herein pursuant to authority contained in Chapter
4 "Zoning", Sec­tion 4.12 "Planned Development Process" of
the City of Leesburg Land Development Code, as amended.

BACKGROUND: The "Permittee" is desirous of obtaining a
Planned Development Overlay zoning district to allow construction of a proposed
multilevel condominium residential development consisting of a maximum of 189
individual attached units on approximately 29.02 acres locatedsouthwest
of the intersection of Dixie Avenue and Lake Street, North of Lake Harris, on a
site with­in the City of Leesburg in accordance with their PDO application and
supplemental information.

1. PERMISSION
is hereby granted to Leesburg Development, LLC to construct, operate, and
maintain a Planned Development Overlay (PDO) zoning district in and on real
property in the City of Leesburg.
The property is generally located southwest of the intersection of Dixie Avenue and Lake Street, North of Lake Harris. The property is
more particularly described as follows:

LEGAL DESCRIPTION:

See attached legal Exhibit B.

2. LAND USE

The above-described property,
containing approximately 29.02 acres, shall be used for multilevel condominium
single-family
attached residential uses, pursuant to City of Leesburg development codes and standards.

A. Residential
Development

1. The project shall
contain a maximum of 189 single-family attached units on approximately 29.02 acres at a gross density
not to exceed 6.2 units per acre.

2. The minimum
development standards shall be those required for the R-3 High Density
Residential district except as amended by this agreement.

3. In order to comply
with the diversity of housing required by City’s
adopted Growth Management Plan, Future Land Use Element, Goal I, and Objective
1.2, thirteen (13) percent of the housing units shall provide for living areas
of 1,000 to 1,200 square feet.

4. The external
architecture of the buildings at a minimum shall incorporate the same design
elements of the elevation submitted as Exhibit C. Variations with similar
characterizes may be approved by the Planning Manager.

5. City staff as part
of the preliminary plat approval process shall approve final site standards in
accordance with the approved conceptual site plan.

6. The following minimum yard setbacks shall
be maintained:

Front setback –100 feet;

Rear setback –50 feet; and

Side setbacks – minimum 110 feet on
each.

7. Minimum
distance between structures shall be 30 feet; measured from building wall to
building wall.

8. Accessory
structures shall have a minimum rear setback of 50 feet and side setback of 100
feet.

11. Recreational
Vehicle (RV) and boat storage areas for residents shall be permitted and shall
be appropriately buffered and screened in accordance with the City of Leesburg Land Development
Code.

B. Recreational
Development

1. Recreational
development shall include active and passive uses for the project.
Recreational development shall meet the requirements of the City of Leesburg Land Development
Code (as
amended) and adopted Growth Management Plan (as amended).

2. The Planned
Development shall provide accessibility from all areas to any proposed
recreational facilities.

3. Recreational
uses shall include, but not be limited to the following uses:

4. The
developer shall dedicate an easement for a walkway along the lake and construct
a board walk in that easement for public access.

C. The commercial use of
a sales office and/or model center shall be a permitted use as long as it is
specifically related to the PDO residential development of the site.

D. Open Space and Buffer
Areas

1. All
wetlands on the project site shall be identified and the location and extent of
each wetland shall be determined by St. Johns River Water Management District
and/or U.S. Army Corp of Engineers. Each wetland shall be placed on a suitable
map, signed and sealed by a surveyor registered to practice in Florida and shall be submitted as
part of the preliminary plat application.

2. Buildings or
structures shall be a minimum of 50 feet from any wetland jurisdiction
boundary.

3. Wetlands shall
have a minimum upland buffer of 25 feet or the upland buffer established by St.
Johns River Water Management District and/or U.S. Army Corp of Engineers;
whichever is more restrictive. All upland buffers shall be naturally vegetated
and upland buffers that are devoid of natural vegetation shall be re-planted
with native vegetation or as required by St. Johns River Water Management
District and/or U.S. Army Corp of Engineers.

4. Land uses
allowed within the upland buffers are limited to hiking trails, walkways,
passive recreation activities and stormwater facilities as permitted by St.
Johns River Water Management District.

5. If wetland
alteration is permitted by St. Johns River Water Management District and/or
U.S. Army Corp of Engineers, wetland mitigation shall be required in accordance
with permit approvals from St. Johns River Water Management District or U.S.
Army Corp of Engineers, whichever is more restrictive.

6. A wildlife
management plan for the project site shall be prepared based on the results of
an environmental assessment of the site and any environmental permit required
from applicable governmental agencies. The wildlife management plan shall be
submitted to the City as part of the preliminary plat application. The
Permittee shall designate a responsible legal entity that shall implement and
maintain the wildlife management plan.

7. To the
extent practical, wetlands shall be placed in a conservation easement, which
shall run in favor of, and be enforceable by, St. Johns River Water Management
District or another legal entity such as a homeowners association. The
conservation easement shall require that the wetlands be maintained in their
natural and unaltered state. Wetlands shall not be included as a part of any
platted lot, other than a lot platted as a common area, which shall be
dedicated to St. Johns River Water Management District or another legal entity
such as a homeowners association for ownership and maintenance.

E. Development Phasing

1. The proposed
project may be constructed in phases in accordance with the Conceptual Master
Development Plan (attached Exhibit D).
Changes to the Development Plan, other than those conditions described in this
agreement, shall be revised in accordance with the Planned Development review
process.

2. Construction
of the Planned Development shall substantially commence within 18 months of
approval of this Planned Development Agreement or it shall become null and
void. In the event, such use has commenced, but for any purpose ceases for a
period of 12 months, then this permit shall be null and void.

3. STORMWATER
MANAGEMENT / UTILITIES

Prior to receiving final
development approval, the Permittee shall submit a stormwater management plan
and utility plan acceptable to the City of Leesburg. Water, wastewater and natural gas services will be
provided by the City of Leesburg.
Prior to any clearing, grubbing, or disturbance of natural vegetation in any
phase of the development, the Permittee shall provide:

A. A detailed
site plan that demonstrates no direct discharge of stormwater runoff generated
by the development into any wetlands or onto adjacent properties.

B. A
stormwater management system designed and implemented to meet all applicable
St. Johns River Water Management District and City of Leesburg requirements.

C. A
responsible legal entity for the maintenance of the stormwater management
system on the plat prior to the approval of the final plat of record. A
homeowners association is an acceptable maintenance entity.

D. The
100-year flood plain shown on all plans and lots.

E. The
appropriate documentation that any flood hazard boundary has been amended in
accordance with Federal Emergency Management Agency requirements, if the 100
year flood plain is altered and/or a new 100 year flood elevation is
established in reference to the applicable flood insurance rate map.

F. A copy of
the Management and Storage of Surface Waters permit obtained from St. Johns
River Water Management District.

G. Should the
Permittee desire to dedicate the proposed project’s stormwater management
system to the City of Leesburg;
the City, at its discretion, may accept or not accept the stormwater management
system. Prior to acceptance, the Permittee shall demonstrate to the City the
stormwater management system is in a suitable condition and meets City of Leesburg and St. Johns River Water
Management District requirements.

H. A detailed
site plan that indicates all the provisions for electric, water, sewer, and/or
natural gas in accordance with the City of Leesburg Land Development Codes.

4. TRANSPORTATION
IMPROVEMENTS

A. All
transportation improvements shall be based on a current traffic analysis and
shall be contingent upon site plan approval by City staff during the
development review and permitting process.

B. Primary
vehicular access to the project site shall be provided by Lake Street with a possible secondary access as determined by staff
during site plan review (this access maybe required only for emergency access).
Other potential accesses such as to the north will be reviewed during the
Development Review Committee process.

C. The
Permittee shall provide all necessary improvements / signalization within and
adjacent to the development including the intersection of Lake Street and Dixie
Avenue as required by Florida Department of Transportation, Lake County and
City of Leesburg. Improvements to Lake Street are required, including sidewalk and street
construction, in conformance with City standards. Improvements are required to
the existing 90° bend, as directed by the
City of Leesburg.

D. All roads
within the development shall be designed and constructed to meet the City of Leesburg requirements.

E. Sidewalks
shall be provided on one side of the primary road in to the site. Internal
road rights-of-ways shall be of sufficient width to contain the sidewalks. All
sidewalks shall be constructed in accordance with City of Leesburg Codes.

G. The
Permittee shall be responsible for obtaining all necessary FDOT or LakeCounty permits and a copy of all
permits shall be provided to the City of Leesburg prior to preliminary plat approval.

H. The City
of Leesburg will not be responsible for
the maintenance or repair of any of the roads or transportation improvements.
The Permittee shall establish an appropriate legal entity that will be
responsible to pay the cost and perform the services to maintain the roads and
transportation improvements.

I. Should
the Permittee desire to dedicate the proposed project’s internal road system to
the City of Leesburg; the City, at its
discretion, may accept or not accept the road system. Prior to acceptance, the
Permittee shall demonstrate to the City the road system is in suitable
condition and meets City of Leesburg and FDOT requirements.

J. A
traffic/transportation study shall be submitted prior to preliminary plan
approval for review and determination of any necessary access improvements.
Said improvements will be the responsibility of the Permittee.

K. At such
time that traffic improvements are required at the intersection of Lake Street
and Dixie Avenue and the proposed project entrance, the City shall determine
based on any additional development on the east side of Lake Street any
developers payment of pro-rata sharing of the cost of the improvements.

5. MISCELLANEOUS
CONDITIONS

A. The uses
of the proposed project shall only be those uses identified in the approved
Planned Develop­ment Agreement. Any other proposed use must be specifically
authorized by the Planning Commission in accordance with the Planned Develop­ment
amendment process.

B. No person,
firm or corporation shall erect, construct, enlarge, alter, repair, remove,
improve, move, convert, or demolish any building structure, or alter the land
in any manner without first submitting the necessary plans and obtaining
appropriate approvals in accordance with the City of Leesburg Codes.

C. Construction
and operation of the proposed use(s) shall at all times comply with City and
other governmental agencies rules and regulations.

D. The transfer
of ownership or lease of any or all of the property described in this PDO
Agreement shall include in the transfer or lease agreement, a provision that
the purchaser or lessee is made good and aware of the conditions pertaining to
the established by this PDO Agreement and agrees to be bound by these
conditions. The purchaser or lessee may request a change from the existing
plans and conditions by following the procedures as described in the City of Leesburg Land Development
Code, as
amended.

E. This PDO
Agreement shall inure to the benefit of, and shall constitute a covenant
running with the land and the terms, conditions, and provisions
hereof, and shall be binding upon the present owner and any successor, and
shall be subject to each and every condition herein set out.

LEGAL
DESCRIPTION: Exhibit B

BEGIN at the Southeast corner of Tract B of LRMC
Professional Office Subdivision, as recorded in Plot Book 38, Page 42 of the
Public Records of Lake County, Florida, said corner lying on the west right-of-way line of Lake
Street; thence South 00°21'48" East along said West right-of-way line a distance of 1,416 feet, more
or less, to the shoreline of Lake Harris; thence Northwesterly along the shoreline of Lake Harris on
the following courses: North 82°06'57" West a distance of 19.97 feet, thence North 71°37'07" West a distance
of 33.56 feet; thence North 84°35'47" West a distance of 33.39 feet; thence North 79°34'36"
West a distance of 40.93 feet, thence North 74°23'51" West a
distance at 40.12 feet;
thence South 83°44'45"
West a distance of 34.82 feet; thence North 85°59'24" West a distance
of 22.61 feet;
thence North 77°02'51" West a distance
of 60.23 feet; thence South 87°46'10" West a distance of 29.48 feet; thence North 79°46'51"
West a distance of 26.06 feet; thence South 89°36'24" West a distance of 56.83 feet;
thence North 82°45'35"
West a distance of 23.13 feet; thence North 85°04'16" West a distance of 49.01 feet; thence North 75°48'21" West a distance
of 50.16 feet; thence North 60°24'17"
West a distance of 32.65 feet; thence North 27°27'31" West a distance
of 13.22 feet; thence North 08°03'08" East a distance of 44.17 feet; thence North
22°01'09" West a distance
of 64.27 feet;
thence North 46°26'05"
West a distance of 54.35 feet; thence North 61°59'46" West a distance
of 22.12 feet; thence North 17°43'04" West a distance
of 91.83 feet; thence North 62°56’55" west a distance of 133.30 feet; thence North 39°11'37" West a distance
of 64.34 feet; thence North 48°56'49" West a distance of 56.24 feet; thence North 28°17'03" West a distance
of 64.03 feet; thence North 48°56'07" West a distance of 48.16 feet; thence North
25°55'00" West a distance
of 38.63 feet; thence North 05°17'04”
West a distance of 26.89 feet; thence North 26°00’57" West a distance
of 60.35 feet; thence
North 33°04'03" West a distance of 58.18 feet; thence North 20°45'08"
West a distance of 33.92 feet; thence North 43°01'03" West a distance of 31.55 feet; thence North
11°50'26" East a distance
of 70.40 feet;
thence North 12°07'37" West a distance
of 59.93 feet; thence North 05°28'18" West a distance of 48.11 feet; thence North 12°46'56" West o distance
of 39.83 feet; thence North 27°01'02" West a distance of 61.21 feet; thence North 20°38'30" West a distance
of 61.00 feet; thence North 30°26'08" West a distance of 100.92 feet; thence North
46°53'20" West a distance
of 35.65 feet; thence North 35°48'46"
West a distance of 29.86 feet; thence North 22°18'35" West a distance
of 55.54 feet; thence
North 34°51'18" West a distance
of 64.79 feet; thence North 23°01'01" West a distance of 65.84 feet; thence departing said
shoreline North 00'00'00" East a distance of 1,261 feet, more or less, to
the POINT OF BEGINNING.